Refusing to comply with lawful police orders during a traffic stop can escalate a minor offense into serious criminal charges, as demonstrated by a 2023 case where a driver's refusal to exit her vehicle during a DUI investigation led to felony battery charges, illustrating that non-compliance forfeits the strategic position needed to vindicate constitutional rights.
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Entitled Driver Totally Convinced Laws Don't Apply to Her | Bodycam AnalysisAdded:
But at this point, I'm going to need you to step out of the vehicle.
>> I will not just No.
>> I need you to take to exit the vehicle right now.
>> No, >> ma'am.
>> Make me. Make me.
>> Ma'am, >> make me.
>> You're drunk.
>> Make me.
>> I need you to step out of the vehicle.
>> Make me.
>> I have done nothing wrong. Both of you [ __ ] you.
>> On April 14th, 2023, officers spotted a pickup truck rolling on bare metal rims.
No front tires, just steel on asphalt.
What started as a routine traffic stop would not stay that way.
Scott station.
>> Hello.
>> Hey.
>> How you doing?
>> I'm okay.
>> Say that again.
>> I said I'm okay, honey.
>> You're okay?
>> I'm okay.
>> What are you looking for?
>> Huh?
>> Cuz you want to talk to me.
>> I ask you what are you looking for that I see you there?
Are >> you looking for something specific? I don't know. I'm just asking you. What are you looking for? You couldn't be reaching for something else. Are you trying to find your ID, your registration, your insurance? Is what you trying to do?
>> Insurance.
>> All right.
>> I'm not being a dick. I'm just asking you what you're wishing for because I didn't ask you anything.
>> I know what you're looking for.
>> Where you coming from, man?
>> That way.
>> Where you coming from? Not where you going. So, where you coming from?
>> That way. That's where I came from.
>> Do you have a place that you're coming from?
>> A place that I'm coming from?
>> Yes.
>> My boss's house.
>> Your boss's house?
>> Yeah.
>> Now, quick question. Do you have anything to drink today?
>> I may have.
>> You may have. If you possibly had something to drink, what kind of drink do you do today?
Are >> you still trying to find that registration on driver license?
>> Yeah.
>> All right. Do you know what happened with your tires?
>> What?
>> Do you know what happened with your tires?
>> There's nothing wrong with us.
>> There's nothing wrong with your tires?
>> No. All right.
>> There's nothing wrong with your tires.
>> All right.
>> I'm going to come out.
>> No, you cannot come out yet. Uh, I'm asking you real quick. Do you know what happened with your tires?
>> There's nothing wrong with those.
>> You were parked somewhere.
>> What?
>> Do you hit something?
>> I hit everything, >> right? You didn't hit anything.
>> I did not.
>> All right. So, at this point, yes, you can step out. I'm gonna need to do some exercise to you to see if you're okay to drive.
>> Do me a favor. Set up for you.
>> You're going to backtrack.
>> All right.
>> Because where do you think that I did something?
>> Well, you don't have a tire. You're running in a ring for two three blocks.
>> Tire. No, no, no. There's a tire.
>> There's a tire over there. All right.
You can step on and show me where's the tire at.
There's a tire, right?
>> There is a rim. There is no tire in the rim.
>> Oh [ __ ] >> You want to step out and see it?
>> Let me record you.
>> All right. Go ahead. But at this point, I'm going to need you to step out of the vehicle.
>> I will not. Just No. Don't my tire.
>> Step out of the vehicle.
>> Don'ting touch that [ __ ] >> Unlock the vehicle and step out.
>> No. No. No. No. No.
>> What are you looking for?
>> What are you looking for? vehicle is something stable. She don't just refuse to get out of the vehicle.
>> You're right. I refuse.
>> All right. I need you to take to exit the vehicle right now.
>> Nope.
>> Ma'am, >> make me. Make me.
>> Ma'am.
>> Make me.
>> You are drunk.
>> Make me.
>> I need you to step out of the vehicle.
>> Make me.
Ma'am, >> do us a favor and just turn off the engine for us.
>> I'll turn off the engine.
>> I appreciate that. But you're aing [ __ ] You're a [ __ ] >> Do me a favor.
>> What am I being pulled over for?
>> I'm going to do a test on you to see if you're good to drive.
>> Nope.
>> All right. So, you're nervous for Dway.
Come on.
>> Don't touch me. Don't touch me. Don't stop touch me. Don't you >> touch me.
>> Don't you touch me.
>> No, don't stop.
>> [ __ ] don't 35 North 11.
>> Stop resisting.
>> Oh, I will resist because you are a full of [ __ ] 30 seconds clear 10 you [ __ ] and I will get my >> 103 clear one clear my hair my >> stop resisting I'm trying to don't hurt you with the cops all right going to double lock HIM >> let go of me let go of me >> stop you ALL [ __ ] [ __ ] YOU shoot 336 white female 10:15.
>> When officers ordered the subject to exit the vehicle, she refused. Under Pennsylvania versus Mims 1977, that order required no justification beyond the lawful stop. The Supreme Court held it a Dominime's intrusion on liberty against a clear officer safety interest.
Refusal is not a constitutional right.
It is the moment a traffic stop becomes something else entirely. The force applied during the extraction is governed by Graham versus Connor 1989 which requires assessing reasonleness from the perspective of a reasonable officer at the moment of the decision.
Not in hindsight. Three factors apply.
Severity of the crime, immediiacy of threat, and active resistance. The subject eliminated ambiguity on all three by announcing on camera that she intended to resist. The subject's threat to bite officers carries independent legal weight beyond profanity. A human bite is a biohazard threat sufficient to justify elevated control measures under the use of force continuum. The scratching during the struggle is the factual basis for the most serious charge. Felony battery on a law enforcement officer corroborated by offic's own real-time warnings captured on body cam.
You're goddamn right.
>> [ __ ] you.
>> You scratching me. You're going to get a DOUBLE CHARGE FOR THAT.
>> YOU'RE GOING TO HAVE BATTERY.
>> I'm trying to >> let go of me. I know my goddamn rights.
And you have no right.
>> You have no right. You have no right.
>> You have no right. You have no right.
Search a roer.
>> Stop screaming.
No, >> stop because you have no right. You >> 623 another unit.
>> No reason to >> respond to me.
>> Stop.
Stop.
>> Stop. Do it. Stop.
Do it. I'll do it. And I will own you. I will.
>> Can you hold down while I search FOR >> Stop screaming?
>> YOU GODDAMN [ __ ] STOP. YOU go ahead. You both you [ __ ] Help me.
HELP ME.
[ __ ] you.
I have done nothing wrong. Both of you [ __ ] >> [ __ ] you.
You They're touching my breasts. They're touching my vagina. THEY'RE TOUCHING MY BREATH.
DO YOU KNOW WHERE YOU >> What am I being dressed for? What am I being dressed for?
>> Do I do you?
>> No. You >> ma'am. We don't want to use any force on you. Just step in.
>> You've already used step in.
>> You have already cough.
>> We just cough you. There is nothing else.
>> Hey, can you >> I will bite you. I will.
>> If you bite my That's not going to be good.
>> You better not you. That's not a GOOD >> CHECK.
STOP. STOP.
>> You piece of [ __ ] >> You record it. Record it. These mother are recording me for no reason. Let go of me, you piece OF [ __ ] >> LET GO OF ME, YOU PIECE of [ __ ] Let go.
Let go of me.
>> LET IT SIT.
>> LET GO OF ME.
LET GO OF ME.
>> IT'S FINE. YOU You cut me forward. IT'S FINE. LET GO OF ME.
I HAVE DONE nothing wrong. All of you pieces of [ __ ] [ __ ] all of you.
MY HANDS HURT. I HAVE DONE NOTHING WRONG. All these pieces of [ __ ] All these pieces of [ __ ] >> You >> Oh, he has my hands across my throat.
Are you recording this? Are you recording this? Are you recording in the car, please?
>> No, I'm stop.
Stop.
>> STOP.
>> You're making YOU'RE MAKING THIS YOURSELF. YOU REALLY ARE.
YOU.
>> I will tell all of my friends that you Go ahead, mother. I have so many I have so many >> lawyers [ __ ] on you. my team.
YES.
>> We're going to pick you up.
>> All right. We're going to pick you AND I CAN'T WAIT. I CAN'T WAIT to kill you in court. I'm going to kill you in court, you mother.
>> I will kill you in mother court, you mother.
It will happen. It will happen. Hey, >> you scratching me. STOP SCRATCHING ME.
>> I WILL help in piece of [ __ ] You pieces of [ __ ] I HOPE ALL of you who ARE FILMING THIS KNOW THAT THESE PIECES OF [ __ ] ARE ABUSING ME.
ABUSING ME HERE.
>> Abusing me.
Abusing me.
Abusing me.
Abusing me.
Abusing me.
Abusing me.
>> Go ahead. Throw me in the car, you mother piece of [ __ ] Abusing me.
Abusing me.
ABUSING ME.
ALL MY BRUISES ARE ON YOU. Mother you. All my bruises on you. You piece of [ __ ] All of my bruises on you.
>> Grab our actual arms.
>> You piece of gra.
ALL OF MY YOU.
>> All right. WE'RE UP.
>> GO AHEAD, MOTHER. Go ahead, MOTHER.
ALL OF MY BRUISES ARE ON YOU. YOU PIECE OF [ __ ] ALL OF MY BRUISES are on you.
The post arrest search is constitutionally permissible under Shiml versus California and United States versus Robinson. A lawful arrest is the predicate. No warrant required. The subject's complaint about intimate area contact raises a separate policy question. Department standards in virtually every American jurisdiction require such searches of a female subject be performed by a female officer whenever practicable. Non-compliance is material to any civil rights claim. The throat restraint allegation requires separate treatment. Neck restraints sit at the top of the use of force scrutiny ladder. Many departments have restricted or banned them entirely. If video confirms contact inconsistent with an approved technique, that allegation supports a standalone fourth amendment excessive force claim under 42 United States Code section 1983 independent of any criminal outcome. The officers receive a B. The stop was unimpeachable.
The DUI investigation properly initiated and the exit order lawfully repeated.
Officers attempted to escalation before physical contact and correctly accommodated the subject's request to record, a first amendment compliance point that matters. Grade deductions apply for the unresolved throat restraint allegation and unconfirmed same-sex search compliance, both carrying civil liability exposure. The subject receives a D. The refusal to exit had no constitutional basis. The announced intent to resist eliminated any passive resistance argument. The scratching created a felony battery charge. The bite threat elevated the encounter's danger profile well beyond the original DUI stop. Bond revocation one month later after a positive alcohol test compounds both her credibility and her position ahead of the jury trial.
The central lesson is this.
Non-compliance does not protect rights.
It forfeits the strategic position needed to vindicate them. As the Supreme Court held in Atwater versus City of Logo Vista, the remedy for a questionable arrest is a civil rights action, not resistance that converts a misdemeanor stop into a felony record.
Every refused order here added a charge.
The courtroom was always the better arena. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.
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